Niranjan Kumar @ Niranjan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69194 of 2019 Arising Out of PS. Case No.-350 Year-2019 Thana- MANIHARI District- Katihar ====================================================== Niranjan Kumar @ Niranjan Kumar Yadav aged about 21 years, Son of Uma Shankar Yadav Resident of Village - Mirzapur Baghar, P.S.- Manihari, Distt - Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Musowir, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

25-11-2019 Heard learned counsel for the parties.

The petitioner seeks bail in Manihari P.S. Case No. 350 of 2019 registered for the offence under Section 414 of the Indian Penal Code.

The prosecution case is that the informant alongwith police officials were on duty and apprehended two persons, who were carrying two pieces of battery upon a cycle and on query, they disclosed their name as Pappu Kumar Yadav and Niranjan Kumar (petitioner) and on demand of paper, no relevant paper was produced by them.

It is submitted on behalf of the petitioner that petitioner has committed no offence and he was implicated in this case simply on mere suspicion. It is further submitted that

Patna High Court CR. MISC. No.69194 of 2019(2) dt.25-11-2019 2/2 petitioner is a mechanic and he was carrying the battery in question of a customer. Petitioner is in custody since 25-08-2019 and having no criminal antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar, District - Katihar in connection with Manihari P.S. Case No. 350 of 2019 on the following conditions:

(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J.) anay U T